Home

Request For Agreement Reviews With Supporting Documents

Dear all,

In compliance with the UG Financial Regulations and Governance Policy, the Office of Legal Counsel wishes to inform the University Community to kindly take note of the following:
Commercial & Non-Commercial Transactions

1. Pursuant to statute 2 of the Amendment Statutes, all negotiations for contracts, commercial and non-commercial projects or transactions, joint ventures, partnerships, memorandum of understandings, collaborations and all transactions affecting and relating to the University. shall be conducted by the relevant officers of the University including the Legal Counsel.

2. The Legal Counsel shall proffer legal advice on the validity of the transaction, capacity of the parties to enter into the transaction and conduct a legal due diligence, as detailed in these Guidelines, before negotiations are commenced or completed, whichever shall be appropriate in the circumstance.

3. Where appropriate and as shall be required by Act 663, the relevant contract, transaction or project shall be concluded in accordance with Act 921, Act 806 and Act 663. 

4. The terms of all concluded negotiations shall be reduced into writing by the Head of the Unit leading the negotiations and approved by the Provost, Director or Head of the Administrative Unit of the College, Directorate or Administrative Unit, respectively, and shall be submitted to the Vice-Chancellor for final approval.

5. The approved terms shall be incorporated into an agreement drafted by the Legal Counsel or incorporated into the agreement submitted by the other party and reviewed by the Legal Counsel and executed in accordance with Signatory Matrix set out in the table below.

6. All negotiations and agreements arising from a procurement process shall be initiated, conducted and concluded in accordance with Act 663 by the Logistics Directorate and the agreement submitted to the Legal Counsel for review and subsequently executed by the Entity Head and Principal Spending Officer.

7. All service, works and supply contracts initiated from the relevant Units shall be processed through the Logistics Directorate and receive the approval of the Director of Logistics.

8. All requests for review or drafting of service, works, supply contracts or any contract arising from procurement processes shall be delivered to the Legal Counsel with a certificate of compliance signed by the Director of Logistics certifying that the award was made in compliance with the procurement laws of Ghana and the regulations of the University.

9. All other requests for review or draft of service or other contracts shall be accompanied by an approval or request memo from the Director of Logistics.

10. All requests for legal opinions, due diligence, transaction advisory, negotiations with third parties or counterparties, advice, review or draft of agreements, MoUs or other transaction documents must be channeled through the various heads as follows:

a. University Transactions, Management and Financial Issues – Vice-Chancellor
b. University Operational Issues - Registrar
c. Boards & Committees - Chairperson or Secretary under the authority of the Chairperson
d. Colleges - Deans through their Provosts or Provosts
e. Research, Grants and Project Agreements - Pro-Vice-Chancellor (RID)
f. Administrative Directorates - Director of the Directorate
g. International Programmes Office - Dean
h. Library - Librarian
i. Students - Dean of Students j. Any Other Unit - Head of Unit

11. All requests or initiatives for the establishment of a subsidiary company or trust shall be submitted to the Vice-Chancellor for approval and then to the Finance and General Purposes Committee for final approval under Regulation 2.3 (a) i bullet numbered 6 of the University of Ghana Financial Regulation and Governance.

12. The resolution or decision of the Finance and General Purposes Committee to establish for the University or dissolve any subsidiary company or trusts shall be submitted to the University Council for approval or ratification, as the case may be, and shall then be communicated to the Legal Counsel, who shall upon receipt cause the establishment or dissolution of the subsidiary company or trust in accordance with law.

13. All transactions, commercial or non-commercial agreements, MoUs, projects and funding agreements shall be executed by the authorized officer in accordance with the Signatory Mandate below upon receipt of written opinion, certificate of compliance or legal risk assessment certificate issued and signed by the Legal Counsel.

14. The engagement of external legal counsels or procurement of legal advice from any person other than the Legal Counsel, shall be subject to a certification or opinion signed by the Legal Counsel requiring the procurement of such engagement or advice from an external legal counsel.
The University Community is also encouraged to continue to send all requests for advice, legal opinions, drafting and review of agreements in soft form (word format) with scanned supporting documents to legalcounsel@ug.edu.gh with a copy to legalcounsel.olc@ug.edu.gh.

We count on your cooperation.
Thank you.
Signed 

Legal Counsel